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Section 46 Assignment of certain matters to youth courts.F1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C1(1)

Subject as hereinafter provided, no charge against a child or young person, and no application whereof the hearing is by rules made under this section assigned to youth courts ,shall be heard by a F2magistrates' court which is not a youth court:

Provided that—

(a)

a charge made jointly against a child or young person and a person who has attained F3the age of eighteen years shall be heard by a magistrates' court other than a youth court; and

(b)

where a child or young person is charged with an offence, the charge may be heard by a magistrates' court which is not a youth court if a person who has attained the age of eighteen years is charged at the same time with aiding, abetting, causing, procuring, allowing or permitting that offence; and

(c)

where, in the course of any proceedings before any magistrates' court other than a youth court, it appears that the person to whom the proceedings relate is a child or young person, nothing in this subsection shall be construed as preventing the court, if it thinks fit so to do, from proceeding with the hearing and determination of those proceedings.

F4(1A)

If a notification that the accused desires to plead guilty without appearing before the court is received by the F5designated officer for a court in pursuance of F6section 12 of the M1Magistrates’ Courts Act 1980 and the court has no reason to believe that the accused is a child or young person, then, if he is a child or young person he shall be deemed to have attained the age of eighteen for the purposes of subsection (1) of this section in its application to the proceedings in question.

(2)

No direction, whether contained in this or any other Act, that a charge shall be brought before a youth courtshall be construed as restricting the powers of any justice or justices to entertain an application for bail or for a remand, and to hear such evidence as may be necessary for that purpose.

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Annotations

Textual amendments

F1

Words in s. 46 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch. 2.

F2

Words in s. 46(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 74(2); S.I. 2005/910, art. 3(bb)

F3

Words in s. 46(1)(1A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 1(2), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2.

F4

S. 46(1A) inserted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 4

F5

Words in s. 46(1A) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 74(3); S.I. 2005/910, art. 3(bb)

F6

Words substituted by Magistrates' Courts Act 1980 (c. 43), ss. 154(2), 155(7), Sch. 7 para 6

F7

S. 46(3) repealed by Justices of the Peace Act 1949 (c. 101), Sch. 7, Pt. II

Marginal citations

M1

1980 c. 43.

Modifications

C1

S. 46(1) excluded by Children and Young Persons Act 1963 (c. 37), s. 18, Criminal Law Act 1977 (c. 45), s. 34(1) and Magistrates' Courts Act 1980 (c. 43), ss. 29(1), 155(7)

Notes on Part III

Modifications

C1

Pt. III amended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1 and (1.4.1981) by Child Care Act 1980 (c. 5), ss. 78(1)(2)(b), 79(1)(4)(5)(b). (Child Care Act 1980 (c.5) repealed (14.10.1991) with saving by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 paras. 21, 27(4), Sch. 15; S.I. 1991/828, art. 3(2)